Gardens at Greenview Crossing

Rules & Regulations of Gardens at Greenview Crossing Ankeny, Iowa August 2008 Authority
The Board of Directors of Gardens at Greenview Crossing Homeowners Association under the authority of the By-Laws of the Association as may be amended from time to time promulgates these rules and regulations. Accordingly, these rules and regulations impose judicially enforceable legal obligations on all unit owners, renters and their visitors, guests, tradesmen and agents. Resident unit owners and renters are responsible for communicating all the governing covenants contained in the By-Laws, as well as the Rules and Regulations as may be published from time to time by the Association, and are chargeable with any breach thereof by their lessees.

Contents
1. General Rules for Units and Common Areas 2. Plantings 3. Decorations 4. Sale or Lease of Unit 5. Pets 6. Garbage & Recycling 7. Parking 8. Payment of Common Fees & Fines 9. Snow Removal 10. Enforcement of Violations

I. General Rules for Units & Common Areas

A. No unit shall be used for any purpose other than a private residence except as provided for by the By-Laws. B. No unlawful use shall be made of any unit and each unit owner, tenant, occupant, and/or invitee shall comply with all governmental laws, ordinances, and regulations. C. No activity shall be allowed on the common elements, nor shall anything be done either willfully or negligently which may be or become an annoyance or nuisance to the occupants of other units. D. Owners or occupants shall exercise extreme care to avoid making or permitting to make any loud or objectionable noises, or in using or permitting the use of any radio, phonograph, television, musical instrument, amplifier or any other device in such a manner as may disturb any other resident. Please call the City of Ankeny Police Department to report disturbances. (286-3333). E. No unit occupant shall permit anything to be done or kept within any unit or upon the common elements which would result in an increase of any insurance premiums, cancellation of any insurance coverage or in any other way adversely affect the Association. F. Nothing shall be done in or upon any building/unit or common elements such as structural modifications, alterations, or improvements which may impair the structural integrity of any unit or common element, or change the appearance of any building/unit or common element. No occupant shall impair any access to any easements or right-ofways provided for the common use without the prior written approval of the Board of Directors. G. No exterior radio, television, electronic antennae, aerials, wiring of any type, nor any machine, device or any appliance shall be erected, maintained or operated upon any unit or on any portion of the Common Elements at any time. No exterior loud speakers shall be installed or used at any time on the exterior of any unit or the common elements, excluding satellite dishes as per addendum/Resolution. SEE ATTACHED ADDENDUM. H. No clothes poles or lines shall be installed or maintained at any time upon common or limited common elements. I. No unit owner or occupant shall build, place or maintain any structure, matter or object on the common elements without the prior written consent of the Board of Directors. No unit owner or occupant shall paint or otherwise decorate an exterior portion of any unit/building.

J. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one (1) square foot, and one sign of not more than five (5) square feet advertising the property for sale. K. No unit owner or occupant shall chop, cut, or burn any material or debris on the common elements. Littering, defacing or destruction of the common property is strictly

prohibited. This includes graffiti on roadways, buildings, and any other portions of the common

Rules & Regulations of Gardens at Greenview Crossing August 2008

elements and any damage caused by bicycles, motorcycles, and mopeds or by any other means. L. No flammable, combustible or explosive substances including but not limited to gasoline may be kept in any garage except for customary household use. M. No resident shall do, or permit to be done; any act which threatens the safety of any person, unit, or the common elements. N. The Common Elements and common areas shall be used only for the furnishing and services and facilities for which they are reasonably intended. O. No unit owner or occupant shall place or permit to remain any obstruction on any walkway, roadway, driveway, parking lot or any other portion of the common elements. P. No toys, tents, bicycles, wagons, baby carriages, mini pools, decorative objects, or other household items may be left unattended or overnight on the Common Elements and patios, other than patio furniture. Q. Battery operated, ride on motorized vehicles and children's toy vehicles must have a tall safety flag attached. R. Only licensed drivers may operate motorized vehicles, such as mopeds, upon all roadways intended for such use after having been registered with the Iowa Dept. of Motor Vehicles. S. Units may have gas or fire-charcoal barbecue grills, but must follow the Iowa State Uniform Fire Code regulations and the grills must be kept a safe distance away from a housing unit. Fire Pits are PROHIBITED. Any damage created by the use of a grill will be repaired by the Association and billed to the responsible party. T. The only window/door covering permitted to be used shall be shades, blinds, draperies, curtains or shutters of the type/kind customarily used for such purposes. No other window/door coverings such as bed sheets, towels, newspapers, etc. are permitted on a permanent basis. U. No sheets, towels, bedspreads, area rugs, clothing, or other household item shall be placed on the Limited Common Elements (e.g. railings. deck walls). V. No one may deface or damage trees, bushes, flowers, signs, mailboxes, utility boxes and/other items that are in the Common Elements. Parents are responsible for ensuring that their children do not violate this, as well as all other rules. W. Garage doors are to be kept closed when not in use.

X. Fireworks are not permitted anywhere within Gardens at Greenview Crossing. The Association will enforce strict adherence to this rule as it creates a real fire hazard to the community.

Rules & Regulations of Gardens at Greenview Crossing August 2008

II. Plantings
A. No planting of vegetables, fruit, trees, vines, flowering plants or large shrubs or other plants are permitted on the Limited Common Elements and the Common Elements without prior Board Approval. B. No fences, stone edges, decorative borders or other objects will be permitted in or about the Limited Common Elements or the Common Elements unless the Association has placed them there or with the expressed written prior approval from the Board. C. No landscape changes or removal without written Board Approval. D. Prior to any planting Owners must sign a Landscape Waiver provided by Management,

III. Decorations
A. Holiday, special occasion, and other decorations may not be displayed in or about the Common Elements except up to four (4) feet from any side of an individual unit. When installing lighting or decorations, no permanent marks (fixtures, holes, etc.) may be made to the siding. Any display deemed inappropriate by the Board of Directors must be removed immediately. B. Holiday decorations may be displayed in or about the Limited Common Elements up to four (4) weeks prior to the holiday date and four (4) weeks following that holiday's date. C. Special occasion decorations (e.g., balloons, welcome home or new baby signs, and direction signs) must be removed no later than 48 hours after the decorations are displayed. D. Homeowners/residents may display one United States flag as it does not exceed 3 x 5 feet in size. Flags may be mounted to the exterior trim of the unit (not on the siding). Flag poles are not allowed. E. No colored light bulbs are to be placed in outside light fixtures.

IV. Sale or Lease of Unit

Each unit owner shall notify the Association manager in writing of his/her intent to sell or lease or rent a unit no later than 30 days before the closing, leasing or renting of the unit. Such notice from any seller/lessor/renter shall provide the name of the purchaser(s), lessee(s), the name and address of the attorney for the purchaser, the anticipated closing date and a copy of the lease if it is a rental. Address to contact is listed on page 5.

Rules and Regulations Gardens at Greenview Crossing - August 2008 Sue Clark Real Estate Services P.O. Box 71637 1820 NW 118th St. Ste 110 Des Moines, Iowa 50325 (Office) 222-3191 (Fax) 222-3187 E-mail: seclark@ccim.net A. All leases must be in writing and must be for a period of not less than six (6) months in duration. All renewals or extensions of existing leases must also be in writing and must be for not less than six (6) months in duration. B. No portion of a unit (other than the entire unit) may be rented and no subleasing is permitted at any time. No transient tenants may be accommodated at any time. C. All leases must be made subject to the By-Laws and Rules and Regulations of the Association. D. The maximum number of occupants whether a lease or sale shall comply with the ordinances of the City of Ankeny. E. All tenants must abide by the Rules and Regulations of the Association. F. When units are leased, the Lease must include a copy of the By-Laws and the Rules and Regulations of the Association; and must include a clause limiting the number of vehicles per unit to two (2) per single garage unit and three (3) per double garage unit. G. Damage to the Unit: Owners assume all liability associated with the placement of signs, including those placed by Realtors, which cause damage to the irrigation system. H. Proof that tenant has received the Rules. I. Landlord/owner must provide 24/7 contact information for both landlord/owner and tenant.

J. Pets are not allowed in rental units. K. Owners selling units must disclose the rules and regulations to prospective buyers.

V. Pets
A. No animals, livestock, reptiles or poultry of any kind shall be raised, bred, or kept in any unit or upon common elements. Dogs, cats or other domesticated household pets are permitted, and are not to exceed two (2) in the aggregate per unit. Permitted pets may not be kept, bred or maintained for any commercial purpose. Pet owners are responsible for the damage, noise, or inappropriate behavior of their pets on Limited and Common Elements. No dogs are permitted to remain unattended on any Limited or Common Element. No Pitbulls or Rottweilers are permitted. All pets must be housed within the units. No cages to house pets are to be kept or maintained in the garages attached to a unit Overall weight limits for pets are as follows:

Rules & Regulations of Gardens at Greenview Crossing August 2008

B. Residents/owners shall be permitted to have no more than one (1) dog or one (1) cat, not to exceed 45 pounds in w eight or to have two (2) cats not to exceed thirty-five pounds in total weight, or to have two (2) dogs not to exceed thirty-five (35) pounds in total weight, or to have one (1) cat and one (1) dog not to exceed thirty-five (35) pounds in total weight. Exception for service dogs. C. Outside dog/cat cages, runs, or any other manner of securing such an animal are not permitted at any time. Dogs may be tethered for 30-45 minutes at a time as long as their owner is in close proximity to their pet. At no time is a tethered animal allowed to cross the boundry of their unit to their neighbors. Failure to follow the above rule may result in a fine if a neighbor complains. D. No pet shall be permitted to run free at any time, and all dogs must be on a leash when using the common elements. E. It is the responsibility of the animal's owner to repair any damage done to the common elements and to clean up any excrement or debris left by the animal. Failure to do so could result in a fine or penalty. F. Please report any unleashed animal to the City of Des Moines Animal Control Department. (284-6050) G. Notwithstanding the foregoing, The Board of Directors, in its sole discretion, may require that any pet be removed from the property if they determine that the pet has become a nuisance. H. All pet owners must register their pets with the Association Management Office. I. Pets are not allowed in rental units.

VI. Garbage & Recycling

A. Garbage collection is every Thursday with the exception of holiday weeks and the garbage should be placed outside each unit in the driveway no earlier than 6 P. M. of the night before a scheduled pick-up. Garbage must be placed in containers with lids. After the garbage has been collected, the empty containers are not to be left out in the driveway or street. It is the resident's responsibility to pick up any papers, debris, etc. lying around his/her unit after the garbage has been collected. Garbage, debris, papers, etc. on any of the common areas is strictly prohibited and in violation of the By-Laws and Rules and Regulations of the Association. Garbage containers are prohibited from being stored outside or on patios. Emptied containers are to be placed in garages no later than Thursday evening after garbage pick-up. B. Please follow the schedule for recycling collection provided to all residents by the City of Ankeny. NOTETrash Service is PRIVATECity clean ups etc do not apply to Gardens at Greenview Crossing. However the Associations private garbage hauler will take large items on days of trash pickup excluding appliances as long as 2 people can lift and carry the item.

Rules & Regulations of Gardens at Greenview Crossing August 2008 VII. Parking
A. No trailer, camper, commercial vehicle, house trailer, boat or the like, nor any junk vehicle, nor other vehicle on which current registration plates are not displayed, shall be kept upon any Common Elements, including any parking spaces. Nor shall the repair or extraordinary maintenance of automobiles or other vehicles be carried out thereon. No vehicle shall be parked anywhere within the Property with a "For Sale" sign attached. B. Parking or storage of any vehicle is prohibited on any cluster access road. C. Owners and residents are obligated to inform their guests, agents and invites to utilize visitor parking areas. D. No inoperative or disassembled vehicle may be parked on any portion of the common elements for more than twenty-four (24) hours. E. No maintenance of vehicles (i.e. oil changes, mechanical repairs, etc.) is permitted on any of the common areas including driveways and parking circles. F. Garages cannot be used as storage units to the exclusion of parking vehicles in the garage. G. Resident/owner parking is allowed only in the garage and driveway of a dwelling unit. All other parking is reserved for guests. No resident/owner parking is permitted on the street or in the visitor parking areas. H. Vehicles that block driveways are subject to towing without notice. I. All owners vehicles MUST be registered with Management

VIII. Payment of Common Fees & Fines

A. All unit owners are required to pay the monthly Association fee on the first day of each month in advance. However, the Association grants a fifteen (15) day grace period during which time fees are considered received on time. This grace period commences on the first day of each month and runs through the fifteenth day of each month. If payments are mailed, any payment, which is received after the 15th of the month can be considered late. Any fee, which is not received by the 15th of any month, shall be subject to a . Any fee which remains due and owing for a period of sixty (60) days from the first day of the month shall be considered delinquent and subject to the Resolution Regarding Collection of Delinquent Assessments which provides for the preparation and filing of a Lien against a unit. Any such lien will include the acceleration of the remainder of the year's assessment, attorney's fees, late fees, and interest at the maximum allowable rate.

late fee of $25.00

B. Fines which are levied are due upon receipt of the notice of such fines, but not later than the next month's regular assessment due date.

Rules & Regulations of Gardens at Greenview Crossing August 2008

C. If the Association has two or more checks returned from any owner in a fiscal year, The Board may require all future payments be made by certified check or money order for the remainder of the fiscal year. Any fees imposed by the bank for any returned check will be charged to the unit owner's account. D. The Board has the right to accelerate the dues for the remaining year on individuals who are continually delinquent. Said dues will be immediately payable to the Association.

IX. Snow Removal

A. Snow contractor will not remove snow until at least 2 inches have fallen. If snow is still falling, snow contractor will not begin plowing until 4 inches are on the ground or has stopped. At the 4 inch level, if it is still snowing, streets will be plowed to have access to driveways, preferably to make a pass to open streets. If the snow event continues past 4 inches or wind is present and drifting occurs, judgment falls on contractor to continue to stop until event is over. After event stops, all areas including drives and walks will be cleaned and ice removal or an application of ice melt to be applied where necessary. Liquid pre-ice treatment will be used prior to snow when necessary. B. Home owners, if capable, can remove snow on drives or walks with 2 inches or less. In addition homeowners can remove ice if capable and willing. C. If a homeowner knows a visitor is coming to their home during a snow event and two (2) inches of snow have not accumulated, it shall be the responsibility of the homeowner, if capable, to remove the snow or ice from their premises. Kitty litter or sand are the preferred methods to use for ice. If more than two (2) inches of snow have fallen, the homeowner should contact a snow advisory team member to request their premise receive priority due to the arrival of a visitor.

Owners do not park in streets. Cars parked in the driveways will not get snow removed. Please park in your garage Owners do not block sidewalks with cars in drive. Owners are to check for exterior damage after snow plowing and report it to the management office 222-3191 Ext. 204 promptly. Any concerns with snow removal call the Management office 222-3191 Ext 204. After hours, please call 875-5324.

X. Enforcement of Violations (Due Process Resolution) The Board of Directors has the right to fine up to $125 per day for the first offense and up to
$250 per day for any subsequent offenses for any violation of the rules or covenants of the
Association. The rate of penalty will be determined by the severity of the violation.

According to FCC Legislation that took place in November of 1996, the restriction of satellite dishes by an owners Association is prohibited. However, the Association is not prohibited from establishing rules and regulations regarding the installation of satellite dishes. Gardens at Greenview Crossing Homeowners Association have listed below the procedures that must be followed prior to the installation of any satellite dish:
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5. 6.

8. 9.
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Written request ten days prior to installation of the satellite dish addressed to Gardens at Greenview Crossing Homeowners Association c/o Sue Clark at Sue Clark Real Estate Services P. O. Box 71637 Des Moines, IA 50325-1637 Dishes cannot exceed 32 in diameter and should be gray in color. The satellite dish must be located in the space of the unit owners roof line near the edge of the roof. Care must be taken to place the dish in the most unobtrusive location. Intrusion of outside siding for cables must be kept to a minimum and any cable running along siding shall be kept to a minimum and disguised. A certified roofer or satellite company in accordance with the provisions of the roof warranty must install the satellite dish. 7. If damages occur to the building, roof or other part of the exterior or interior of the structure as a result of the installation, repairs will be the responsibility of the owner. Repairs to the unit must meet Board approval. The owner must have insurance and provide proof of insurance coverage on the satellite dish to the Association in c/o Sue Clark Real Estate Services prior to installation of satellite. Any necessary maintenance due to the installation of the satellite dish will be the homeowners expense. At the time that a roof needs repair or replacement, satellite dish owners will be responsible for removing and replacing their satellite dish, and bearing the cost of such. This must be done within an assigned time frame (as assigned by the Board of Directors or Management Company) or the owners will be assessed the cost of removing any dish necessary to continue with the roof maintenance. All satellite dish owners must submit proof of active service upon request to the Board of Directors or Management Company. If the service has been terminated, the satellite dish must be removed immediately.

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Signing of this agreement, releases the Association from ALL liability of damage to the satellite dish, satellite accessories/equipment, and/or damage that may occur involving the satellite dish.

Page 2 Satellite Dish Agreement Gardens at Greenview Crossing

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Upon the sale of a unit, the homeowner will be responsible for the cost of removal of the dish and repair of any damages, unless the purchasesr agrees to keep the dish. The SATELLITE removal MUST be done by an Association obtained repairman, with the cost being paid by the selling homeowner. If selling homeowner fails to make repairs, the expense will be borne by new homeowner.

I _____________________________________________________(name(s)) agree to meet these conditions. I understand that failure to meet these conditions will result in the removal of the satellite dish at my cost.

Signed this ____________day of_________________, 2008

Address:___________________________________________________________ Ankeny, IA 50321 Telephone No.:_____________________________________ Signed:__________________________________________________________________ Signed:__________________________________________________________________

Please return this form with original signatures of the homeowner(s) and proof of insurance. Sue Clark Real Estate Services P. O. Box 71637 Des Moines, IA 50325

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